( 101 ) 



waters, and considering the good of the fish consuming 

 millions as superior to that of the wasteful few. 



Fishery Laws of Great Britain. 



CII. In several of the following reports, such 



exceedingly incorrect assertions have 

 Fishery Laws of Great Deen advanced respecting the Fishery 



Laics of Great Britain that I consider it 

 advisable to give a few remarks on what really exists, unless 

 lately altered, and that with but few comments on my part. 

 Salmon and trout are not found in the fresh- waters of India, 

 their place being supplied by carps and perhaps herrings. 

 The reason why most of the laws in Great Britain appear to 

 allude to salmon, appears to be as stated in the law of Scot- 

 land that "salmon fishing is a paramount right to which 

 other fresh- water fishing must yield." Here, there being no 

 salmon, protective laws should embrace all fresh-water 

 fish. Whilst the fresh-water fisheries may be considered 

 briefly as such which exist in fresh-waters which are not 

 within tidal influence. There are four descriptions of 

 fishery. A common fishery is that kind of right which all 

 the public have alike to fish in the sea or a navigable 

 river. A several fishery is the right of an individual to 

 fish exclusively in a particular water, and it is not 

 necessarily united with the right to the soil, though origin- 

 ally all owners of the bed of a river or water must have 

 had a several fishery in such water as a constituent part of 

 the right of property until they parted with it to another. 

 A free fishery is the right of fishing along with other 

 individuals in a water. A common of fishery is the right of 

 a person to fish in waters of which the soil belongs to a 

 different person. 



GUI. " The next question is — Who is the person who 

 „. . . „ „ , . has the legal right of fishing for 



Right of fishing-. r« T J • j.1 i -i j 



trout L m India the word would 

 be * fish,' not ' trout,' for the reasons specified in the last 

 paragraph] generally, i. e., with nets and other compe- 

 tent means ? The answer is, that all riparian owners 

 have this right as an incident of ownership. Where 

 the owner has, however, let the land to a tenant, the 

 question may arise, whether the owner or the tenant 

 is to enjoy the trout-fishing. If the lease expressly 

 let the fishing to the tenant, there is an end of the question ; 

 but the difficulty arises whether, when the lease is silent, 



